Questão jurídica principal
Whether the testator lacked capacity to discern when signing the succession contract on 17 May 2004.
Decisão extraída
The appellants did not prove incapacity with preponderant likelihood; the testator retained sufficient discernment.
Fundamentação extraída
The cantonal court's overall assessment of expert evidence and witness testimony was not arbitrary. The expert supported a likely mild-to-moderate dementia in May 2004, and the evidence did not establish a durable mental decline justifying a presumption of incapacity.